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Virginia Adultery Laws and Dating During Divorce Proceedings

Will dating while my divorce is pending be a problem? This is probably one of the most common questions heard by divorce attorneys. The answer is not a definitive yes or no. While you are free to associate with whomever you choose, it could affect the outcome of the case.

Strategic Reasons Not to Date Before Divorce

It is wise to hold off on the dating scene until after your divorce is final. Emotions are raw, and seeing someone else can reignite anger and spark revenge. This could cause a host of problems, including:

  • Custody fights.
  • Splitting of marital assets.
  • Poisoning cooperation efforts.

This can negatively influence spousal support and the eventual property settlement of the marital estate. Dating during divorce will affect your life in the long run.

Legal Reasons to Wait to Date

In Virginia, you are married under the law until the divorce is final. That means that where fault is recognized in a divorce case, dating while your divorce is pending could be considered proof of adultery. Even if you and your spouse are separated, dating before your marriage is dissolved can be used to help prove marital misconduct during your marriage. It can look like you have questionable morals, even if no misconduct occurred during the marriage.

The next time you ask yourself if dating while my divorce is pending could be an issue, do yourself a favor and just wait to date. Until your marriage is officially dissolved by the court, you are still married and your spouse can use it against you. If you are divorced, living with someone you are dating could also lead to visitation, custody or alimony problems. If you do decide to date, be prepared to face the problems that may arise as a result. It is best to consult with an attorney before dating while in the process of getting divorced.

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